[[File:Trifecta map current.png|thumb|right|300px|Map of the states with trifectas, current as of {{#time:F Y}}]]

In other words, a trifecta occurs when there is no divided government. The concept of the trifecta is important in state lawmaking because in many states, the governor, senate majority leader and house majority leader play decisive roles in the legislative process.

In other words, a trifecta occurs when there is no divided government. The concept of the trifecta is important in state lawmaking because in many states, the governor, senate majority leader and house majority leader play decisive roles in the legislative process.

−

As of {{#time:F Y}} there are 36 total trifectas.

+

As of {{#time:F Y}} there are 37 total trifectas.

*24 {{red dot}}

*24 {{red dot}}

−

*12 {{blue dot}}

+

*13 {{blue dot}}

+

+

The 37 trifectas is the most across the country in more than 60 years and represents a growing shift away from divided government.<ref>[http://p.washingtontimes.com/news/2012/nov/10/rising-number-of-states-seeing-one-party-rule/?page=all#pagebreak ''Washington Times'' "Rising number of states seeing one-party rule," November 10, 2012]</ref><ref>[http://www.cnbc.com/id/49939112/OneParty_Control_Opens_States_to_Partisan_Rush ''CNBC'' "One-Party Control Opens States to Partisan Rush," November 23, 2012]</ref> There are two additional "elected trifectas" -- however, [[State government trifectas#Trifecta complexities|power-sharing complexities]] have removed those states from the trifecta count.

−

The 36 trifectas is the most across the country in more than 60 years and represents a growing shift away from divided government.<ref>[http://p.washingtontimes.com/news/2012/nov/10/rising-number-of-states-seeing-one-party-rule/?page=all#pagebreak ''Washington Times'' "Rising number of states seeing one-party rule," November 10, 2012]</ref><ref>[http://www.cnbc.com/id/49939112/OneParty_Control_Opens_States_to_Partisan_Rush ''CNBC'' "One-Party Control Opens States to Partisan Rush," November 23, 2012]</ref> There are two additional "elected trifectas" -- however, [[State government trifectas#Trifecta complexities|power-sharing complexities]] have removed those states from the trifecta count.

+

On [[State government trifectas#2013|November 5, 2013]] the state of Virginia lost its Republican trifecta. Democratic candidate [[Terry McAuliffe]] defeated [[Ken Cuccinelli]] for the office of [[Governor of Virginia]]. When McAuliffe is sworn into office in January 2014, there will be 36 trifectas -- 23 Republican and 13 Democratic.<ref>[http://www.foxnews.com/politics/2013/11/05/democrat-terry-mcauliffe-projected-to-win-va-governor-race-in-surprisingly/ ''FOX News,'' “Democrat Terry McAuliffe wins Va. governor’s race, Fox News projects,” November 5, 2013]</ref>

−

==Trifecta plus==

+

==Trifecta details==

−

[[File:Trifecta Plus December 2012.png|thumb|right|350px|As of December 2012, the following 12 states have a Trifecta Plus. In three states, the Democratic Party has a trifecta while the State Supreme Court has a working majority of justices that tend to support progressive jurisprudence. In nine states, the Republican Party has a trifecta while the State Supreme Court has a working majority of justices that tend to support conservative/libertarian issues.]]

+

===Trifecta plus===

−

An additional layer of analysis includes adding a {{JP|State Supreme Court}}'s partisan leaning to the trifecta data. In some states, the State Supreme Court justice is elected on a partisan ticket. In other states, the justices are appointed, but an effective understanding exists that a working majority of the court sides with either conservative or progressive issues.

+

Trifectas can be further analyzed by adding in an additional dataset -- {{JP|State Supreme Court}}'s. In some states, the State Supreme Court justice is elected on a partisan ticket, while in some cases the elected justices are non-partisan. Still in other states, the justices are appointed. However, in many cases, there is an effective understanding that a working majority of the court sides with either conservative or progressive issues.

A '''Trifecta Plus''' for the Democratic Party is a state with a Trifecta and a working majority of the State's High Court that tends to support progressive jurisprudence. A '''Trifecta Plus''' for the GOP is a state with a Trifecta and a working majority of the State's High Court that tends to support conservative/libertarian jurisprudence.

A '''Trifecta Plus''' for the Democratic Party is a state with a Trifecta and a working majority of the State's High Court that tends to support progressive jurisprudence. A '''Trifecta Plus''' for the GOP is a state with a Trifecta and a working majority of the State's High Court that tends to support conservative/libertarian jurisprudence.

Line 21:

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{{col-begin|width=50%}}

{{col-begin|width=50%}}

{{col-break}}

{{col-break}}

−

{{blue dot}} Trifecta Plus

+

{{bluedot}} <u>Trifecta Plus</u>

*Illinois

*Illinois

*Oregon

*Oregon

*West Virginia

*West Virginia

{{col-break}}

{{col-break}}

−

{{red dot}} Trifecta Plus

+

{{reddot}} <u>Trifecta Plus</u>

*Alabama

*Alabama

*Alaska

*Alaska

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The judicial landscape of the courts is based upon the Democratic Judicial Campaign Committee's analysis.<ref>[http://www.djcc.org/landscape/ ''Democratic Judicial Campaign Committee'' "Judicial Landscape," Accessed December 2012]</ref>

The judicial landscape of the courts is based upon the Democratic Judicial Campaign Committee's analysis.<ref>[http://www.djcc.org/landscape/ ''Democratic Judicial Campaign Committee'' "Judicial Landscape," Accessed December 2012]</ref>

−

==Trifectas and supermajorities==

+

−

[[File:Control of states map 2012.png|thumb|right|350px|As of December 2012, there are 21 states where there is a trifecta and a supermajority in the legislature. Of those 21 states, 14 are Republican and 7 are Democratic.]]

+

===Trifectas and supermajorities===

In addition to having a trifecta, it is also worth exploring which states have supermajorities. The supermajority allows a party in power to further exert its influence over the minority party.

In addition to having a trifecta, it is also worth exploring which states have supermajorities. The supermajority allows a party in power to further exert its influence over the minority party.

−

As of December 2012, there are 21 states with a trifecta and a supermajority and 15 states with a trifecta but no legislative supermajority. The breakdown is as follows:<ref>[http://ncsl.typepad.com/the_thicket/2012/11/half-the-states-will-have-veto-proof-majorities.html ''NCSL'' "Half the States will Have Veto-Proof Majorities," November 27, 2012]</ref>

+

As of August 2013, there are 23 states with a trifecta and a supermajority and 14 states with a trifecta but no legislative supermajority. The breakdown is as follows:<ref name=ncsl>[http://ncsl.typepad.com/the_thicket/2012/11/half-the-states-will-have-veto-proof-majorities.html ''NCSL'' "Half the States will Have Veto-Proof Majorities," November 27, 2012]</ref>

{{col-begin|width=50%}}

{{col-begin|width=50%}}

{{col-break}}

{{col-break}}

−

{{bluedot}} Democratic trifectas and supermajorities

+

{{bluedot}} <u>Democratic trifectas and supermajorities (8)</u>

* California

* California

* Hawaii

* Hawaii

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Line 56:

* Maryland

* Maryland

* Massachusetts

* Massachusetts

+

* Rhode Island

* West Virginia

* West Virginia

{{col-break}}

{{col-break}}

−

{{reddot}} Republican trifectas and supermajorities

+

{{reddot}} <u>Republican trifectas and supermajorities(15)</u>

* Alabama

* Alabama

* Georgia

* Georgia

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* Idaho

* Idaho

* Kansas

* Kansas

+

* Louisiana

* North Carolina

* North Carolina

* North Dakota

* North Dakota

* Ohio

* Ohio

* Oklahoma

* Oklahoma

−

* Pennsylvania

+

* Pennsylvania<ref>Note: While Pennsylvania does not have an actual supermajority, it is included in this list because only a simple majority is required to override a governor's veto. Therefore, the powers of a supermajority are present in Pennsylvania, and thus it is included here.</ref>

* South Dakota

* South Dakota

* Tennessee

* Tennessee

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{{col-begin|width=50%}}

{{col-begin|width=50%}}

{{col-break}}

{{col-break}}

−

{{bluedot}} Democratic trifectas without supermajorities

+

{{bluedot}} <u>Democratic trifectas without supermajorities (5)</u>

* Colorado

* Colorado

* Connecticut

* Connecticut

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* Vermont

* Vermont

{{col-break}}

{{col-break}}

−

{{reddot}} Republican trifectas without supermajorities

+

{{reddot}} <u>Republican trifectas without supermajorities (9)</u>

* Alaska

* Alaska

* Arizona

* Arizona

* Florida

* Florida

−

* Louisiana

* Michigan

* Michigan

* Mississippi

* Mississippi

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* Wisconsin

* Wisconsin

{{col-end}}

{{col-end}}

+

+

:''Note: In early 2013, two states were added to the supermajority with trifecta count. In Louisiana, [[Louisiana state senator switches party|a state senator switched to the GOP]], providing a supermajority for Republicans. In Rhode Island, [[Rhode Island governor switches party affiliation|Governor Lincoln Chafee]] switched from Independent to Democratic, providing a trifecta to the Democrats to go along with an existing legislative supermajority.

+

{|

+

|----- valign="right"

+

|

+

[[File:Trifecta Plus December 2012.png|thumb|center|350px|As of December 2012, the following 12 states had a Trifecta Plus. In three states, the Democratic Party had a trifecta while the State Supreme Court had a working majority of justices that tended to support progressive jurisprudence. In nine states, the Republican Party had a trifecta while the State Supreme Court had a working majority of justices that tended to support conservative/libertarian issues.]]

+

|

+

[[File:Control of states map 2012.png|thumb|center|350px|As of December 2012, there were 21 states where there is a trifecta and a supermajority in the legislature. Of those 21 states, 14 were Republican and 7 were Democratic.]]

+

|}

+

+

==Who Runs the State report==

+

::''See also: [[Ballotpedia: Who Runs the States]]''

+

To further investigate the concept of trifectas and their impact on state government and policy, Ballotpedia analyzed state government control from 1992-2013, focusing specifically on trifectas.

+

===Part 1: Partisanship===

+

The trifecta analysis over this period shows a notable trend toward one-party control of state governments. At the outset of the study period (1992), 18 states had trifectas while 31 states had divided governments. In 2013, only 13 states have divided governments, while single-party trifectas hold sway in 36 states, the most in the 22 years we studied. The number of states with trifectas doubled between 1992 and 2013.

+

+

The trifecta analysis also allowed us to identify seven states that have experienced dramatic changes in partisan state government control from the first 11 years of the study to the last 11 years of the study. Studying the partisan composition of state governments as we do also allows a clean way to assess whether a state is "moving red" or "moving blue".

|[[File:Partisanship of state governments from 1992-2013 Infographic.png|thumb|center|This infographic was created by [http://attwooddigital.com Attwood Digital]|700px|link=http://www.ballotpedia.org/wiki/images/Partisanship_of_state_governments_from_1992-2013_Infographic.png]]

In May 2013, [[Governor of Rhode Island]] [[Lincoln Chafee]] changed his party affiliation from Independent to [[Democratic]], giving the Democratic Party a trifecta in [[Rhode Island]].<ref>[http://www.politico.com/story/2013/05/lincoln-chafee-to-switch-parties-sources-say-91994.html ''Politico'' "Lincoln Chafee switches affiliation to Democrat," May 30, 2013]</ref>

+

===2012===

===2012===

::''See also: [[Democratic and Republican state government trifectas heading into the 2012 elections]]''

::''See also: [[Democratic and Republican state government trifectas heading into the 2012 elections]]''

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</gallery>

</gallery>

|}

|}

+

+

==Legislatively-referred constitutional amendment==

+

::''See also: [[Legislatively-referred constitutional amendment]]''

+

A legislatively-referred constitutional amendment is a proposed [[constitutional amendment]] that appears on a state's [[ballot]] as a [[ballot measure]] because the [[state legislature]] in that state voted to put it before the voters.

+

+

A legislatively-referred constitutional amendment is a limited form of [[direct democracy]] with comparison to the [[initiated constitutional amendment]]. With the initiated constitutional amendment, voters can initiate the amendment and approve it, whereas with the legislatively-referred amendment, they can only approve or reject amendments initiated by their [[state legislature|state's legislature]].

+

+

49 states have a law in place that allows citizens to vote on proposed [[constitutional amendment]]s offered by the [[state legislature]]. The exception is [[Delaware]], where the [[Delaware State Legislature|legislature]] alone acts on constitutional amendments.

+

===Breakdown by states===

+

The breakdown of states below is current as of December 2012, after the [[Statewide elections, 2012|2012 elections]].

|colspan="2" align="left"|<small>''Note: Delaware is not included above. The Legislature acts alone on constitutional amendments.''</small>

+

|}

+

====Majority (One session)====

+

Nine states allow a referred amendment to go on the ballot after a majority vote in one session of the state's legislature. All 10 states have both chambers of the legislature controlled by a single party.

| A majority vote is required in the [[Arizona State Legislature]] to refer a measure to the ballot.

+

|-

+

| [[Arkansas]]

+

| A majority vote is required in both chambers of the [[Arkansas State Legislature]] to refer a measure to the ballot. (See [[Article 19, Arkansas Constitution#Section 22|Section 22, Article 19, Arkansas Constitution]].)

+

|-

+

| [[Minnesota]]

+

| Proposed amendments must be agreed to by a majority of the members of each chamber of the [[Minnesota State Legislature]].

+

|-

+

| [[Missouri]]

+

| Proposed amendments must be agreed to by a majority of the members of each chamber of the [[Missouri General Assembly]].

+

|-

+

| [[New Mexico]]

+

| According to [[Article XIX, New Mexico Constitution|Article XIX of the New Mexico Constitution]], it takes a majority vote of all members of both houses of the [[New Mexico State Legislature]] to refer a proposed amendment to the ballot.

+

|-

+

| [[North Dakota]]

+

| [[Article IV, North Dakota Constitution#Section 16|Section 16 of Article IV]] of the [[North Dakota Constitution]] very simply says, "Any amendment to this constitution may be proposed in either house of the legislative assembly, and if agreed to upon a roll call by a majority of the members elected to each house, must be submitted to the electors and if a majority of the votes cast thereon are in the affirmative, the amendment is a part of this constitution."

+

|-

+

| [[Oregon]]

+

| [[Article XVII, Oregon Constitution#Section 1|Section 1, Article XVIII of the Oregon Constitution]] says that it takes a majority vote of both chambers of the [[Oregon State Legislature]] to put an amendment proposed by the legislature on the ballot.

+

|-

+

| [[Rhode Island]]

+

| [[Article XIV, Rhode Island Constitution#Section 1|Section 1 of Article 14]] of the [[Rhode Island Constitution]] says that the [[Rhode Island General Assembly]] can initiate the process of amendment "by a roll call vote of a majority of the members elected to each house."

+

|-

+

| [[South Dakota]]

+

| [[Article XXIII, South Dakota Constitution#Section 1|Section 1 of Article XXIII]] of the [[South Dakota Constitution]] says that the [[South Dakota State Legislature]] can refer a proposed amendment to the state's voters through a majority vote.

+

+

|}

+

====Majority (Two sessions)====

+

Seven states allow a referred amendment to go on the ballot after a majority vote in two successive sessions of the [[state legislature|state's legislature]]. With the exception of New York, all other states have both chambers of the legislature controlled by a single party.

| A majority vote is required (in two successive sessions of) the [[Indiana General Assembly]].

+

|-

+

| [[Massachusetts]]

+

|

+

|-

+

| [[Iowa]]

+

| A majority vote is required (in two successive sessions of) the [[Iowa General Assembly]].

+

|-

+

| [[Nevada]]

+

| A majority vote is required (in two successive sessions of) the [[Nevada State Legislature]].

+

|-

+

| [[New York]]

+

| A majority vote is required (in two successive sessions of) the [[New York State Legislature]].

+

|-

+

| [[Virginia]]

+

| A majority vote is required (in two successive sessions of) the [[Virginia General Assembly]].

+

|-

+

| [[Wisconsin]]

+

| A majority vote is required (in two successive sessions of) the [[Wisconsin State Legislature]].

+

+

|}

+

====60% Supermajority====

+

Nine states allow a referred amendment to go on the ballot after a 60% [[supermajority vote]] in one session of the [[state legislature|state's legislature]]. States with a 60% supermajority include Alabama and Maryland. Illinois, North Carolina, and Ohio have the required supermajority if you assume some independents caucus with the majority party.<ref name=ncsl/>

| [[Article XVIII, Alabama Constitution|Article XVIII]] of the [[Alabama Constitution]] says that it takes a three-fifths (60%) vote of the [[Alabama State Legislature]] to qualify an amendment for the ballot.

+

|-

+

| [[Florida]]

+

| [[Article XI, Florida Constitution#Section 1: Proposal by legislature|Section 1 of Article XI, Florida Constitution]] says that the [[Florida State Legislature]] can put a proposed amendment on the ballot if 60% or more of the legislators in each chamber agree to do so in a joint resolution.

+

|-

+

| [[Illinois]]

+

| An amendment can be proposed if 60% of the members of both houses of the [[Illinois General Assembly]] vote to put in on the ballot.

+

|-

+

| [[Kentucky]]

+

| If 60% of the membership of each chamber of the [[Kentucky General Assembly]] approves, a proposed amendment goes on the ballot at the next general election during which members of the state legislature are up for election.

+

|-

+

| [[Maryland]]

+

| Placing a proposed amendment on the ballot must be approved by a 60% vote of each chamber of the [[Maryland State Legislature]].

+

|-

+

| [[Nebraska]]

+

| 60% of the members of the [[Nebraska State Legislature]] must vote for a proposed amendment.

+

|-

+

| [[New Hampshire]]

+

| [[Oaths and Subscriptions Exclusion from Offices, Etc., New Hampshire Constitution#Article 100|Part II, Article 100]] says that a legislatively-referred amendment can go on the ballot if approved by a 60% vote of each house of the [[New Hampshire General Court]].

+

|-

+

| [[North Carolina]]

+

| [[Article XIII, North Carolina Constitution#Section 4|Section 4 of Article XIII]] of the [[North Carolina Constitution]] says that a legislatively-referred amendment can go on the ballot if approved by a 60% vote of each house of the [[North Carolina State Legislature]]

+

|-

+

| [[Ohio]]

+

| The [[Ohio State Legislature]] can propose amendments, according to [[Article XVI, Ohio Constitution|Article XVI]], if 60% of the members of both chambers agree to it.

+

+

|}

+

====2/3rds Supermajority====

+

Eighteen states allow a referred amendment to go on the ballot after a 2/3rds [[supermajority vote]] in one session of the [[state legislature|state's legislature]]. States with a 2/3rd supermajority include California, Idaho, Kansas, Tennessee, Utah, and Wyoming. Georgia has the required supermajority if you assume some independents caucus with the majority party.<ref name=ncsl/>

| [[Article 13, Alaska Constitution|Article 13]] of the [[Alaska Constitution]] specifies that a 2/3rds vote of the [[Alaska State Legislature]] is required to refer a measure to the ballot.

+

|-

+

| [[California]]

+

| A 2/3rds vote of the both chambers of the [[California State Legislature]] is required to refer a measure to the ballot.

+

|-

+

| [[Colorado]]

+

| Two-thirds of each chamber of the [[Colorado General Assembly]] must vote affirmatively for a proposed amendment in order for it to go on the statewide ballot for potential voter ratification.

+

|-

+

| [[Georgia]]

+

| A proposed amendment must be approved by 2/3rds of the membership of each chamber of the [[Georgia General Assembly]] before going to the state's voters.

+

|-

+

| [[Idaho]]

+

| If a proposed amendment is agreed to by two-thirds of the members of both the [[Idaho State Senate]] and the [[Idaho House of Representatives]], the proposed amendment goes on the next general election ballot.

+

|-

+

| [[Kansas]]

+

| A 2/3rds vote in both chambers of the [[Kansas State Legislature]] is required to refer an amendment to the ballot.

+

|-

+

| [[Louisiana]]

+

| If 2/3rds of the members of both houses of the [[Louisiana State Legislature]] vote in the affirmative, a legislatively-referred constitutional amendment can be placed on a statewide ballot.

+

|-

+

| [[Maine]]

+

| According to [[Article X, Maine Constitution|Section 4 of Article X]], if the [[Maine House of Representatives]] and the [[Maine State Senate]] both vote by at least a 2/3rds majority, a proposed amendment to the constitution can be placed on the statewide ballot on the Tuesday following the first Monday of November after the state legislature acts.

+

|-

+

| [[Michigan]]

+

| Proposed amendments must be agreed to by 2/3rds of the members elected to and serving in each house of the [[Michigan State Legislature]].

+

|-

+

| [[Mississippi]]

+

| Two-thirds (2/3) of each house of the [[Mississippi State Legislature]] must approve a proposed amendment for it to go on a statewide ballot.

+

|-

+

| [[Montana]]

+

| [[Article XIV, Montana Constitution#Section 8|Section 8 of Article XIV of the Montana Constitution]] says that an affirmative roll call vote of two-thirds of all members of the [[Montana Legislature]] is required to refer an amendment to the ballot.

+

|-

+

| [[South Carolina]]

+

| [[Article XVI, South Carolina Constitution#Section 1|Section 1 of Article XVI]] of the [[South Carolina Constitution]] says that a legislatively-referred amendment can go on the ballot if approved by a 2/3rds vote of each house of the [[South Carolina State Legislature]].

+

|-

+

| [[Tennessee]]

+

| The [[Tennessee General Assembly]] must approve a proposed amendment in two successive sessions. In the second such session, the proposed amendment must earn 2/3rds approval (in the first session, it only needs majority approval).

+

|-

+

| [[Texas]]

+

| A 2/3rds vote in both chambers of the [[Texas State Legislature]] is required to refer an amendment to the ballot.

+

|-

+

| [[Utah]]

+

| According to [[Article XXIII, Utah Constitution#Section 1|Section 1, Article XXIII]], a two-thirds vote is necessary in the state legislature to place a proposed amendment before the state's voters.

+

|-

+

| [[Washington]]

+

| A 2/3rds vote in both chambers of the [[Washington State Legislature]] is required to refer an amendment to the ballot.

+

|-

+

| [[West Virginia]]

+

| A 2/3rds vote in both chambers of the [[West Virginia State Legislature]] is required to refer an amendment to the ballot.

+

|-

+

| [[Wyoming]]

+

| A 2/3rds vote in both chambers of the [[Wyoming State Legislature]] is required to refer an amendment to the ballot.

+

+

|}

+

====Multiple options====

+

Six states ([[Connecticut]], [[Hawaii]], [[New Jersey]] [[Oklahoma]], [[Pennsylvania]] and [[Vermont]]) have an either/or system: a proposed amendment must be passed by simple majority in two separate legislative sessions, '''or''' by a supermajority vote of one session.<ref>[http://www.sll.state.tx.us/const/8.pdf ''Comparative Analysis of the mode of amending state constitutions'', p. 108]</ref> All four states have both chambers of the state legislature controlled by a single party. Additionally, Hawaii Democrats control both chambers with a supermajority.

| The state legislature must approve a proposed amendment by a [[supermajority vote]] of '''75%''' but the same amendment can also qualify for the ballot if successive sessions of the [[Connecticut State Legislature]] approve it by a simple majority.

+

|-

+

| [[Hawaii]]

+

| The state legislature must approve a proposed amendment by a [[supermajority vote]] of '''2/3rds''' but the same amendment can also qualify for the ballot if successive sessions of the [[Hawaii State Legislature]] approve it by a simple majority.

+

|-

+

| [[New Jersey]]

+

| The state legislature must approve a proposed amendment by a [[supermajority vote]] of '''60%''' but the same amendment can also qualify for the ballot if successive sessions of the [[New Jersey State Legislature]] approve it by a simple majority.

+

|-

+

| [[Oklahoma]]

+

| The [[Oklahoma State Legislature]] can approve a proposed amendment by a majority vote. (However, if the state legislature wants the proposed amendment to go on a special election ballot, it has to approve the amendment by a 2/3rds vote.)

+

|-

+

| [[Pennsylvania]]

+

| Two successive sessions of the state legislature may, by a simple majority vote each time, refer a proposed amendment to the ballot. But, if the legislature deems that a "major emergency threatens or is about to threaten the Commonwealth" it can put a measure on the ballot in just one session of the legislature, if there is a 2/3rds vote to do so.

+

|-

+

| [[Vermont]]

+

| Amendments in Vermont must be considered in two successive sessions of the [[Vermont General Assembly]]. The '''second''' time they are considered, they need win only a majority vote. However, in the first legislative session where an amendment is considered, it must win a majority vote of the state house but a 2/3rds vote of the [[Vermont State Senate]].

+

|}

+

+

[[New Mexico]] has a unique provision such that any amendments to the [[New Mexico Constitution]] proposed by the [[New Mexico State Legislature]] that would "restrict the rights created by [[Article VII, New Mexico Constitution#Section 1|Section 1]] or [[Article VII, New Mexico Constitution#Section 3|Section 3]] of [[Article VII, New Mexico Constitution|Article VII]] or [[Article XII, New Mexico Constitution#Section 8|Section 8]] and [[Article XII, New Mexico Constitution#Section 10|Section 10]] of [[Article XII, New Mexico Constitution|Article XII]] must win a 75% vote of the state legislature to go on the ballot.

In other words, a trifecta occurs when there is no divided government. The concept of the trifecta is important in state lawmaking because in many states, the governor, senate majority leader and house majority leader play decisive roles in the legislative process.

The 37 trifectas is the most across the country in more than 60 years and represents a growing shift away from divided government.[1][2] There are two additional "elected trifectas" -- however, power-sharing complexities have removed those states from the trifecta count.

Trifecta details

Trifecta plus

Trifectas can be further analyzed by adding in an additional dataset -- State Supreme Court's. In some states, the State Supreme Court justice is elected on a partisan ticket, while in some cases the elected justices are non-partisan. Still in other states, the justices are appointed. However, in many cases, there is an effective understanding that a working majority of the court sides with either conservative or progressive issues.

A Trifecta Plus for the Democratic Party is a state with a Trifecta and a working majority of the State's High Court that tends to support progressive jurisprudence. A Trifecta Plus for the GOP is a state with a Trifecta and a working majority of the State's High Court that tends to support conservative/libertarian jurisprudence.

Based upon judicial analysis, there are 22 states where the State Supreme Court can be labeled as leaning in one direction or the other. Incorporating the trifecta data, the following is a breakdown of the states with a Trifecta Plus, as of December 2012.

Trifecta Plus

Illinois

Oregon

West Virginia

Trifecta Plus

Alabama

Alaska

Idaho

Michigan

Mississippi

North Carolina

Ohio

Texas

Wisconsin

The judicial landscape of the courts is based upon the Democratic Judicial Campaign Committee's analysis.[4]

Trifectas and supermajorities

In addition to having a trifecta, it is also worth exploring which states have supermajorities. The supermajority allows a party in power to further exert its influence over the minority party.

As of August 2013, there are 23 states with a trifecta and a supermajority and 14 states with a trifecta but no legislative supermajority. The breakdown is as follows:[5]

Note: In early 2013, two states were added to the supermajority with trifecta count. In Louisiana, a state senator switched to the GOP, providing a supermajority for Republicans. In Rhode Island, Governor Lincoln Chafee switched from Independent to Democratic, providing a trifecta to the Democrats to go along with an existing legislative supermajority.

As of December 2012, the following 12 states had a Trifecta Plus. In three states, the Democratic Party had a trifecta while the State Supreme Court had a working majority of justices that tended to support progressive jurisprudence. In nine states, the Republican Party had a trifecta while the State Supreme Court had a working majority of justices that tended to support conservative/libertarian issues.

As of December 2012, there were 21 states where there is a trifecta and a supermajority in the legislature. Of those 21 states, 14 were Republican and 7 were Democratic.

Who Runs the State report

To further investigate the concept of trifectas and their impact on state government and policy, Ballotpedia analyzed state government control from 1992-2013, focusing specifically on trifectas.

Part 1: Partisanship

The trifecta analysis over this period shows a notable trend toward one-party control of state governments. At the outset of the study period (1992), 18 states had trifectas while 31 states had divided governments. In 2013, only 13 states have divided governments, while single-party trifectas hold sway in 36 states, the most in the 22 years we studied. The number of states with trifectas doubled between 1992 and 2013.

The trifecta analysis also allowed us to identify seven states that have experienced dramatic changes in partisan state government control from the first 11 years of the study to the last 11 years of the study. Studying the partisan composition of state governments as we do also allows a clean way to assess whether a state is "moving red" or "moving blue".

Visualizations

Legend for State government trifecta visualization -- Figures 10 and 11

2012

Heading into the 2012 elections there were 33 total trifectas in the United States. After the election, there were five new trifectas, bringing the total to 38 trifectas. However, following the election, power-sharing arrangements in two states reduced the total trifectas to 36.

Trifecta complexities

There are three states that complicate the labeling of trifectas. These three unique situations brought the total trifectas from 37 to 36, decreasing the Democratic states by two and adding one GOP state.

In New York, the Democratic party by virtue of the elections controls all three levels of government. However, a power-sharing agreement was reached that gave control of the State Senate over to the Republicans, after five elected Democrats pledged to caucus with the GOP. This burst the Democratic trifecta, reducing the total trifectas by one state.[8]

In Washington, the Democratic by virtue of the elections controls all three levels of government. However, a power-sharing agreement was reached that gave control of the State Senate over to the Republicans, after two conservative Democrats pledged to elected Republican leadership to the chamber. This burst the Democratic trifecta, reducing the total trifectas by one state.[10]

A legislatively-referred constitutional amendment is a limited form of direct democracy with comparison to the initiated constitutional amendment. With the initiated constitutional amendment, voters can initiate the amendment and approve it, whereas with the legislatively-referred amendment, they can only approve or reject amendments initiated by their state's legislature.

Breakdown by states

The breakdown of states below is current as of December 2012, after the 2012 elections.

Breakdown of all 50 states

Requirement By Type

Total States

Majority one session

9

Majority two sessions

7

60% supermajority

9

2/3 supermajority

18

Multiple options

6

Note: Delaware is not included above. The Legislature acts alone on constitutional amendments.

Majority (One session)

Nine states allow a referred amendment to go on the ballot after a majority vote in one session of the state's legislature. All 10 states have both chambers of the legislature controlled by a single party.

Section 16 of Article IV of the North Dakota Constitution very simply says, "Any amendment to this constitution may be proposed in either house of the legislative assembly, and if agreed to upon a roll call by a majority of the members elected to each house, must be submitted to the electors and if a majority of the votes cast thereon are in the affirmative, the amendment is a part of this constitution."

Majority (Two sessions)

Seven states allow a referred amendment to go on the ballot after a majority vote in two successive sessions of the state's legislature. With the exception of New York, all other states have both chambers of the legislature controlled by a single party.

60% Supermajority

Nine states allow a referred amendment to go on the ballot after a 60% supermajority vote in one session of the state's legislature. States with a 60% supermajority include Alabama and Maryland. Illinois, North Carolina, and Ohio have the required supermajority if you assume some independents caucus with the majority party.[5]

If 60% of the membership of each chamber of the Kentucky General Assembly approves, a proposed amendment goes on the ballot at the next general election during which members of the state legislature are up for election.

2/3rds Supermajority

Eighteen states allow a referred amendment to go on the ballot after a 2/3rds supermajority vote in one session of the state's legislature. States with a 2/3rd supermajority include California, Idaho, Kansas, Tennessee, Utah, and Wyoming. Georgia has the required supermajority if you assume some independents caucus with the majority party.[5]

The Tennessee General Assembly must approve a proposed amendment in two successive sessions. In the second such session, the proposed amendment must earn 2/3rds approval (in the first session, it only needs majority approval).

Multiple options

Six states (Connecticut, Hawaii, New JerseyOklahoma, Pennsylvania and Vermont) have an either/or system: a proposed amendment must be passed by simple majority in two separate legislative sessions, or by a supermajority vote of one session.[11] All four states have both chambers of the state legislature controlled by a single party. Additionally, Hawaii Democrats control both chambers with a supermajority.

The state legislature must approve a proposed amendment by a supermajority vote of 2/3rds but the same amendment can also qualify for the ballot if successive sessions of the Hawaii State Legislature approve it by a simple majority.

The state legislature must approve a proposed amendment by a supermajority vote of 60% but the same amendment can also qualify for the ballot if successive sessions of the New Jersey State Legislature approve it by a simple majority.

The Oklahoma State Legislature can approve a proposed amendment by a majority vote. (However, if the state legislature wants the proposed amendment to go on a special election ballot, it has to approve the amendment by a 2/3rds vote.)

Two successive sessions of the state legislature may, by a simple majority vote each time, refer a proposed amendment to the ballot. But, if the legislature deems that a "major emergency threatens or is about to threaten the Commonwealth" it can put a measure on the ballot in just one session of the legislature, if there is a 2/3rds vote to do so.

Amendments in Vermont must be considered in two successive sessions of the Vermont General Assembly. The second time they are considered, they need win only a majority vote. However, in the first legislative session where an amendment is considered, it must win a majority vote of the state house but a 2/3rds vote of the Vermont State Senate.

↑Note: While Pennsylvania does not have an actual supermajority, it is included in this list because only a simple majority is required to override a governor's veto. Therefore, the powers of a supermajority are present in Pennsylvania, and thus it is included here.